*1 Case 2:04-cv-02336-MJP Document 45 Filed 01/04/06 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE SIXTY-01 ASSOCIATION OF APARTMENT OWNERS,
Plaintiff(s), NO. C04-2336 v. ORDER DENYING PLAINTIFF’S MOTION TO ALLOW TESTIMONY OF DAVID GADBOIS SCOTTSDALE INSURANCE CO., Defendant(s).
This matter comes before the Court on Plaintiff’s Motion to Allow Testimony of David Gadbois (Dkt. No. 37). Having reviewed Plaintiff’s Motion, Defendant’s Response and all other pertinent papers and documents related to this Motion, the Court DENIES this motion.
In a previous Order on this issue, the Court stated that, “Plaintiffs may bring a motion to have the Court allow the testimony of Mr. Gadbois if they are able to identify a judicial opinion supporting the notion that expert testimony of this nature would be of assistance to the jury.” (Dkt. No. 36). Although Plaintiff does cite some authority supporting the notion that experts may be used to testify regarding industry practice where an insurance contract is ambiguous (e.g. Travelers Indem. Co. v. Scor Reinsurance Co., 62 F. 3d 74, 78 (2 nd Cir. 1992), Defendant is correct in its observation that Plaintiff has yet to present a report by Mr. Gadbois that discusses all of the matters to which Plaintiff claims he will testify. Plaintiff should have submitted this information, at the very latest, along with this motion. Because it is impossible for the Court to evaluate the value of an expert’s opinions without a report before it and because allowing an expert’s testimony without a report would be prejudicial to Defendant, the Court must DENY Plaintiff’s Motion.
26 ORD ON MTN TO CONT - 1
*2 Case 2:04-cv-02336-MJP Document 45 Filed 01/04/06 Page 2 of 2 The clerk is directed to send copies of this order to all counsel of record.
Dated: January 4 , 2006
A Marsha J. Pechman United States District Judge 26 ORD ON MTN TO CONT - 2